Chapter 4: CAT Final

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Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment
or Punishment
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Convention Against Torture and
Other Cruel, Inhuman, or Degrading Treatment or
Punishment (CAT)
Introduction
Even prior to the enactment of RA 9745, or the Anti-Torture Law in
November 2009, the Philippines as a State party to the Convention Against
Torture (CAT), has established mechanisms in keeping with the articles
of CAT, granting to all citizens the protection and rights guaranteed
under the same (i.e., (1) right to be free from torture and ill-treatment;
(2) right to seek redress, remedies, and compensation; (3) rehabilitation
and witness protection.
Citizens have always enjoyed the right to monitor and assess the
government’s compliance with the provisions of CAT and other relevant
laws, as well as call for long-term remedies and measures to ensure
protection against torture and ill-treatment.
However, allegations of torture and ill-treatment continue to catch
the attention of international human rights watchdogs and the UN
human rights bodies, especially as they relate to certain inadequacies in
mechanisms, measures, and facilities.
With the recent ratification of the Optional Protocol to CAT (OPCAT),
comes the upgrading of penal infrastructures such as prisons, lock-up jails,
detention facilities, and other places holding persons deprived of liberty.
Heightened human rights awareness and sensitivity of state personnel
involved in law enforcement, investigation, prosecution, and custody of
arrested persons continue to be pursued.
This chapter seeks the realization of the following: (1) the full, and
sustained implementation of RA 9745; (2) establishment and full
institutionalization of targeted preventive and protective mechanisms; (3)
effective implementation of the OPCAT; (4) accession to and/or ratification
of supplemental treaties especially the International Convention for the
Protection of all Persons from Enforced Disappearances (ICPAPED); and (5)
effective harmonization of relevant domestic legal/judicial/administrative
measures and mechanisms at par with international standards. The
ultimate goal is the considerable reduction or total elimination of human
rights violations.
Thematic Objective 1: To implement RA 9745 (Anti-Torture Law
of 2009)
The Anti-Torture Bill (RA 9745) was signed into law on November
11, 2009, buttressing further, legislative, judicial, and administrative
measures to implement the provisions of CAT. The next critical steps consist
of the strict enforcement of the law, and its corresponding Implementing
Rules and Regulations (IRR), including the setting up of appropriate
mechanisms and measures that will give substance to the provisions of the

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new law.
Thematic Objective 2: To enhance preventive and
protective mechanisms
Torture needs to be addressed on three fronts: (1) protect vulnerable
groups; (2) prevent torture and curb impunity; and (3) afford
appropriate remedies to victims seeking justice and reparation, as
well as rehabilitation of both victims and perpetrators
Thematic Objective 3: To heighten the awareness of, and
respect for HR among state agents, and the general public
The citizenry must be made aware of their right to be free from
torture, and the remedies available for torture victims and their families.
Investigative and custodial personnel should also be trained and educated
on human rights, and be made conscious of their obligations under CAT and
RA 9745..
Thematic Objective 4: To enact appropriate legislation (and
supporting EOs, AOs)
Certain enactments and decrees must be lobbied for in order to
ensure full implementation of the provisions of CAT. Legislative
lobbying should also be made on other human rights instruments which
have yet to be ratified by the Philippines such as the ICPAPED.
Thematic Objective 5: To ratify HR instruments, especially
the International Convention for the Protection of all Persons
from Enforced Disappearances (ICPAPED)
Government’s accession to and/or ratification of the ICPAPED has
long been the desire of civil society groups, including the CHRP. This human
rights instrument is necessary to ensure fuller prevention of, and
protection against torture and ill-treatment.

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SECTION 1
Strategic Treaty Indicators
The effectiveness of the PHRP II depends on the successful
execution of the various programs, projects, and activities, which in turn
hinges upon the faithful monitoring of the strategic indicators in relation
to the thematic objectives of each chapter. Its success ultimately rests on
the performance of government agencies and instrumentalities that are
accountable for the respective thematic objective indicators.
Thematic Objective 1: To implement RA 9745 (Anti-Torture
Law of 2009)
Indicators refer to the full and sustained implementation of RA 9745
(Anti-Torture Law). Subsequently, mechanisms and measures relative to
the individual provisions of the law must be installed accordingly.
For the installation of mandated mechanisms and measures, the
accountable national government agencies are the: CHRP, DILG-PPSC,
BJMP, PNP, AFP, NBI, DOJ, DSWD, DOH, and DepEd.
Thematic Objective 2: To enhance preventive and protective
mechanisms
Indicators for this thematic objective are preventive and protective
mechanisms as fully established and institutionalized. These refer to a more
empowered CHRP, and the establishment of a National Preventive
Mechanism under the OPCAT, and other relevant measures.
To afford more protection against torture, the following specific
measures must be set up, namely: (1) a more unified correctional
system; (2) enforcement and operationalization of command responsibility
in the police, military and custodial services; (4) release on recognizance
and other paralegal and non-custodial measures, which together contribute
to implementing a new world view in the treatment of criminality.
Accountable agencies are the CHRP, DILG-PPSC, BJMP, PNP, AFP,
NBI, DOJ, DSWD, DOH, and DepEd.
Thematic Objective 3: To heighten the awareness of, and
respect for HR among state agents, and the general public
The strategic indicator shall be the decreased number or absence of
complaints of human rights violations, with reference to the CAT and RA
9745.
Accountable agencies are the CHRP, DILG-PPSC, BJMP, PNP, AFP,
NBI, DOJ, DSWD, DOH, and DepEd.

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Thematic Objective 4: To enact appropriate legislation (and
The strategic indicator shall be the institution and/or modification of
appropriate legal, judicial and administrative measures, and mechanisms at
par with international standards. Priority bills relative to the improvement
of the BJMP shall be given serious attention for immediate enactment in
order to decongest jails, and to alleviate the living conditions of inmates
inside congested jails under its jurisdiction, especially the following:
(1) Jail Infrastructure Development and BJMP
Modernization Act;
(2) An act providing for a separate prison cell for female
prisoners in every district, city, and municipal jail;
(3) An act providing for a system of recognizance as a mode for
obtaining release from detention;
(4) AnactamendingArticle99oftheRevisedPenalCode(RPC) on the
grant of time allowances to inmates, and;
(5) An act placing the provincial, sub-provincial jails under
the jurisdiction of the BJMP.
Both branches of Congress, and the committees involved in the
passage of the abovementioned bills, shall be held accountable for these set
of indicators.
Thematic Objective 5: To ratify HR instruments (ICPAPED)
An ultimate success indicator will be the country’s accession to the
ICPAPED. The alternative indicator will be the extent of lobbying
accomplished and the measure by which legislators concerned have initiated
steps towards ratification.
The Office of the President (OP), concerned government agencies
(i.e. DFA), members of the Senate shall be held accountable for the indicator
provided herein.

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SECTION 2
Thematic Baseline and Situationer
Thematic Objective 1
A. Anti-Torture Law
RA 9745, provides that it is the declared policy of the State to:
(1) ensure that the rights of all persons, including
suspects, detainees, and prisoners are respected at
all times; and that no person placed under
investigation, or held in custody of any person in
authority, shall be subjected to physical harm, force,
violence, threat or intimidation, or any act that
impairs his/her free will; and
(2) fully adhere to the principles and standards on
the absolute condemnation, and prohibition of
torture set by the 1987 Philippine Constitution,
and various international instruments, such as the
International Covenant on Civil, and Political
Rights (ICCPR), Convention on the Rights of the
Child (CRC), Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW),
and CAT, to which the Philippines is a State-party.
The more salient features of the law include the following:
(1) Provides a working definition, and enumeration of
the forms of torture, and other cruel and
degrading forms of punishment or treatment that
approximate the forms contained in CAT;
(2) Provides appropriate penalties, without prejudice
to the prosecution of other crimes;
(3) Provides that any person who actually participated in
the infliction of torture or who is present during
the commission of the same, shall be held liable as
principal;
(4) Provides that any individual who alleges he/she has
been subjected to torture, shall have the right to
complain to, and have his/her case promptly, and
impartially examined by competent authorities;
(5) Provides that any person who has suffered torture
shall have the right to claim for compensation as
provided by RA 7309 (An Act Creating a Board of

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Claims under the Department of Justice for Victims of
Unjust Imprisonment or Detention, and Victims of
Violent Crimes);
(6) Underscores that freedom from torture is a non-
derogable right. No exceptional circumstances
whatsoever, whether a state of war or a threat of
war, internal political instability, or any other
public emergency, may be invoked as a justification
for torture;
(7) Provides that no person shall be expelled,
returned, or extradited to another State where
there are substantial grounds for believing that
such person would be in danger of being subjected to
torture;
(8) Prohibits secret detention places, solitary,
incommunicado or other similar forms of
detention, where torture may be carried on with
impunity; and
(9) Provides that any confession, admission, or
statement obtained as a result of torture, shall not
be invoked as evidence in any proceedings, except
against a person accused of torture as evidence
that said confession, admission or statement was
made.
With respect to applicability of the RPC to RA 9745, if the
commission of the crime is punishable under Title Eight (Crimes
Against Persons), and Title Nine (Crimes Against Personal Liberty
and Security) of the RPC, is attended by any of the acts constituting
torture, and other cruel, inhuman or degrading treatment or
punishment, the penalty to be imposed shall be in its maximum
period.
Formulation of a Rehabilitation Program. The formulation
of a rehabilitation program, within one year from the effectivity
of RA 9745, is provided for in the said law. For this purpose, the
DSWD, in coordination with the DOJ, DOH and other concerned
government agencies, shall formulate a comprehensive
rehabilitation program for victims of torture, and their families.
The DSWD, in partnership with the DOJ and DOH shall also call on
human rights NGOs, duly recognized by the government, to
actively participate in the formulation of a rehabilitation
program that shall provide for the physical, mental, social,
psychological and spiritual healing of victims of torture, and their
families.
Monitoring of Compliance. RA 9745 likewise provides for
the creation of an Oversight Committee to be headed by a CHRP

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Commissioner, with the following as members: Chairperson of the
Senate Committee on Justice and Human Rights, Chairperson of the
House of Representatives Committee on Justice and Human Rights,
and the minority leaders of both Houses.
Education, and Information Campaign. The CHRP, DOJ,
DND, DILG, and other concerned parties in the public and
private sectors, shall ensure that education and information
regarding the prohibition against torture, shall be included in
the training of law enforcement personnel (civil or military),
medical personnel, public officials, and other persons who may be
involved in the custody, interrogation, or treatment of any
individual, subjected to any form of arrest, detention, or
imprisonment. The DepEd, and CHED shall also ensure the
integration of human rights education in the formal curricula of
all primary, secondary, and tertiary level academic institutions
nationwide.
B. Revised Penal Code and New Laws
The RPC guarantees that all acts of torture are classified as
criminal offenses with corresponding penalties under Philippine
laws.
New laws have since been passed which have
contributed to the prevention of acts which could be considered
as torture, or cruel, inhuman, and degrading treatment or
punishment:
(1) RA 8049, enacted on June 7, 1995, on hazing and
certain forms of initiation rites;
(2) RA 9344, enacted on April 23, 2006, penalizes certain
forms of maltreatment of children in conflict with the
law; and
(3) RA 7877 of 1995 imposes sanctions against sexual
harassment.
The following laws were also passed to address
complaints against public officials who have committed acts of
torture, or have imposed cruel, inhuman, or degrading punishment:
(1) RA 6770, enacted in 1989, established the
Ombudsman as the main agency responsible for
investigating offenses committed by public officials,
and employees. It likewise provides for a Deputy
Ombudsman specifically for military, and other law
enforcement offices;
(2) RA 6975, enacted on December 13, 1990, created the
DILG, and established the PNP, the BJMP along with

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the Bureau of Fire Protection;
(3) RA 8551, enacted on February 25, 1998,
established an Internal Affairs Service under the
PNP, which is responsible for investigating offenses
committed by police personnel;
(4) RA 7055, enacted on June 20, 1991, provides for the
trial by civilian courts of cases involving military
personnel;
(5) RA 8493, or the Speedy Trial Act of 1998;
(6) RA 9372, or the Human Security Act of 2007;
(7) RA 9165, enacted on July 4, 2002, established an
Internal Affairs Service in the Philippine Drug
Enforcement Agency (PDEA); and
(8) RA 9851, enacted December 11, 2009, considered
torture as an act against humanity
The Supreme Court also issued Administrative Memorandum
No.07-9-12SC, or the Rule on the Writ of Amparo, which is a remedy
available to any person whose right to life, liberty, and security is
violated or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity.
The writ shall cover extralegal killings, and enforced disappearances
or threats thereof.
Further, the general administration of justice was further
enhanced with three landmark laws:
(1) RA 7438, enacted on April 27, 1992, which defines
certain rights of persons arrested, detained, or under
custodial investigation, as well as the duties of the
arresting, detaining, and investigating officers;
(2) RA 6981, enacted on April 24, 1991, provides for
a Witness Protection, Security, and Benefit Program;
and
(3) RA 7309, enacted on March 30, 1992, provides for a
Board of Claims for victims of unjust imprisonment
or detention, and victims of violent crimes.
Despite shortcomings in the establishment of more detention
infrastructures, preventive, and protective mechanisms are in place
to satisfy the OPCAT - mandated National Preventive Mechanism.
Internal inspections of jails continue to be carried out by the DOJ,

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and DILG. There are also judicial inspections made by judges, and
court officials. Likewise, RA 7438 (Law on Custodial Investigation)
allows visits by certain accredited civil society organizations.
The CHRP is likewise empowered to: (1) investigate on its
own, or on complaint by any party, all forms of human rights
violations; (2) exercise visitorial powers over jails, prisons, or
detention facilities; and (3) monitor government’s compliance with
international treaty obligations on human rights
The Bureau of Corrections (BuCorr) has created an Internal
Affairs Division to investigate cases of erring personnel and has set
up an Integrity Development Review, in coordination with the
resident Ombudsman, to clean up its ranks. It has installed a
computerized inmate database, and centralized information
processing section for the guidance of concerned parties. In an effort
to decongest national penitentiary facilities, the BuCorr has
established the Inmate Transfer Board that deliberates on requests
of inmates who wish to transfer to penal farms.
The Bureau of Jail Management and Penology (BJMP) welcomes
visits by international bodies, such as the International Committee of the
Red Cross, whose representatives are frequent visitors in city and municipal
jails under BJMP supervision. The BJMP receives annual allocations from the
National Government Budget that it spends for improvement of regional
offices, building new jail buildings, perimeter fences, additional cells for
male and female and amenities such as visiting areas and kitchens.
On many occasions repair and improvement of jails were
accomplished with assistance from local government units (LGU’s)
and NGO’s.
To address the congestion problem, paralegal officers and volunteers
actively facilitated the release of inmates by helping them avail of applicable
legal modes of early releases. There are a number of measures being
employed to reduce overcrowding of the prisons under existing laws, such
as: RA 6036 (Release on Recognizance); RA 6127 amending Art. 29 of the
Revised Penal Code (Full-time Credit and Without Waiver of Detention); EO
214 of 1987 amending Art. 29 of the Revised Penal Code (Preventive
Imprisonment); PD 968 (Parole and Probation); and RA 9344 (Juvenile
Justice Welfare Act). These are in addition to the usual mode of freeing
inmates from detention, such as: Released on Bail; Case Dismissed/
Acquitted/ Provisional Dismissal; Served Sentence; Transferred to Other
Institutions; and Good Conduct Time Allowance.
By the end of June 2012, some 12,336 inmates were released
from detention on the strength of measures and mechanisms
mentioned above. During the month of July 2012 alone, 2,563 were
released. Total number of inmates released during the past year
(2011) was 17,408. House Bill 5395 entitled the Recognizance Act of
2011 pending in Congress seeks to widen the application of
recognizance as a mode for early release of prisoners.

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The BJMP’s paralegal programs are instrumental in
expediting the resolution of inmates’ cases in courts, including
the immediate issuance of release orders for newly-acquitted
inmates, those whose cases have been dismissed, and have no
relatives to follow up on their release orders from the courts.
With respect to the required listing of inmates and detainees,
the BJMP through its Operations Manual has always upheld the time-
honored practice of the judicious accounting of inmates and
detainees as persons and not mere statistics. The Manual, strictly
adhered to by the various field units, provides the guidelines on the
commitment and classification of inmates, reception procedures, and
classification and disciplinary boards.
The BJMP’s Command Group, Directorates and the Support Services
under their supervision all serve to pursue a cohesive approach towards
improvement of custodial services as resources would allow. The
Directorate for Inmates Welfare and Development is particularly tasked to
oversee BJMP Program Thrusts, viz:
a. Improve jail security, custody and control program;
b. Upgrade living conditions of inmates through promotion of
Restorative Justice System, decongestion of jails, provision for basic
needs, and community-based support services;
c. Intensify conduct of development programs for inmates such as:
livelihood, education and skills training, recreation and religious
activities, and
d. Enhance organizational and personnel effectiveness through
manpower build-up, human resources development, structural and
behavioral reforms and innovations; and
e. Strengthen measures for accountability through improved internal
control and intensified management.
BJMP recognizes the importance of education as part of the
development of an inmate. Through the Accreditation and Equivalency Test
of the Department of Education, many BJMP inmates are now able to pursue
higher education upon release.
Inmates’ health is also prioritized. The fight against tuberculosis was
strengthened through the Directly Observed Treatment Short Course
(DOTS) program of the Department of Health, ensuring readily available
medication and treatment of TB. Besides the regular medical and dental
outreach programs conduct by the BJMP, LGUs and NGOs, the upgrading of
the health and sanitation of the jail facilities has been a continuing effort of
the BJMP and the International Committee of the Red Cross.
The BJMP believes that inmates’ right to suffrage should be exercised.
Denying these persons the right to vote serves no rehabilitative function and
has the effect of discriminating against those qualified to vote but
incarcerated. In addition, denying their rights is likely to undermine respect
for the rule of law since citizens who cannot participate in the making of
laws will probably not recognize the authority of those governing and also

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lose an important means of teaching them democratic values and social
responsibility.
Together with the COMELEC, CHR, Catholic Bishops Conference of the
Philippines (CBCP) and other government and private institutions, the BJMP
formed an Inter-Agency Working Group to see to it that qualified detainees
are able to exercise their right to suffrage after being registered on-site as
well as off-site.
The government custodial services have continuously benefitted from
the support of local governments, private institutions and international
organizations towards uplifting jail conditions to international standards. A
notable cooperative venture is the “Call for Action” program launched by the
International Committee of the Red Cross (ICRC) together with the BJMP,
which seeks to reform places of detention nationwide. A remarkable result
of this venture is the formulation of a Penal Structures Manual which set the
technical standards in the four (4) areas of the inmates’ living conditions,
including habitat, water, sanitation, and kitchen facilities. A MOA is also
being worked out within the Inter-Agency Committee on Prison Reforms
that is being steered by the CHRP, with members from concerned agencies
of government, civil society and non-government organizations. The MOA
delineates a collaborative blueprint for action towards reforming the
country’s detention and penal facilities.
Steadfast in its resolve to achieve what is right for the
inmates and detainees, the BJMP has always proffered to its inmates
the maximum service allowable within the available resources that it
could muster with the assistance from government as well as from
cooperating partners here and abroad.
With respect to preventive supervision over police lock-up
cells and jails, the PNP started in 2008 regularizing the inspection
of lock-up cells all over the country. In order to reinforce compliance
to RA 7438, some 5,000 posters on Rights of Persons Arrested,
Detained, and Under Investigation were distributed to all police
stations. On June 23, 2009, a Memorandum of Undertaking was
signed with the CHRP upholding the latter’s visitorial powers.
The National Bureau of Investigation (NBI) has its equivalent
Human Rights Office which serves as avenue for receiving, and
litigating complaints of human rights violations against erring
personnel, as well as for continuous education, and information
dissemination programs on human rights. In keeping with the
Vienna Convention on Consular Relations, (Par. b, Art. 36), the NBI
informs consular posts of concerned sending State of any arrest, or
detention of a foreign national.
For its part, the AFP through its Human Rights Affairs Office
(HRAO), has drawn up strategic imperatives for its officers, and
personnel, as follows: (1) to respect for, and protect human rights,
(2) to abide by International Humanitarian Law (IHL), (3) to adhere
to the Rule of Law, and, (4) to observe rights-respecting Rules of
Engagement in the pursuit of focused Military Operations.

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RA 8551, which provides for the reform, and reorganization
of the PNP, has laid out the processes, and procedures by which
citizens’ complaints against police misconduct can be heard, and
acted upon appropriately. Significant components of such remedial
processes consist of:
A. The National Police Commission (NAPOLCOM)
As an attached agency, the NAPOLCOM draws from the
DILG policy and program coordination. Chaired by the DILG
Secretary, the NAPOLCOM exercises administrative control,
operational supervision over the PNP and performs, among other
critical functions, the following:
(1) Monitors, investigates police anomalies, and
irregularities;
(2) Affirms, reverses, or modifies the National Appellate
Boards’ personnel disciplinary actions, and;
(3) Exercises appellate jurisdiction over administrative
cases involving policemen.
B. Participation of local government executives in
the operational supervision and control of the
PNP
As deputized agents of the NAPOLCOM, local government
executives can (1) inspect police forces; (2) empowered to direct,
supervise, and oversee the day-to-day functions/activities of the
police; and (3) have a hand in directing the employment, and
deployment of PNP units and elements to ensure public safety and
maintenance of peace and order.
C. Disciplinary mechanisms:
Internal Affairs Service (IAS) - Under this unit, it
proactively conducts (1) inspections, and audits PNP personnel,
and units, (2) investigates complaints, and gathers corresponding
evidence, (3)conducts summary hearings on PNP elements facing
administrative charges, (4) files criminal charges as evidence
warrants, and (5) provides assistance to the Ombudsman in cases
involving PNP personnel. Likewise, motu propio, IAS conducts
automatic investigation of human rights violations committed in
the conduct of police operations, where a suspect is seriously
injured while in custody, and where rules of engagement have been
violated, etc.
Fora for Citizens’ Complaints - Any complaint by a
natural or juridical person against any member of the PNP, can

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be brought before the chiefs of police, mayors, women’s desks in
all police stations, and the People’s Law Enforcement Boards
(PLEBs).
Created in 1991, the PLEB serves as an external disciplining
mechanism of policemen. Its board members, who are all civilians,
have the power to conduct summary hearings of administrative
complaints against policemen. The board's composition was
deliberately devised to empower civilians to become involved in
disciplining members of the police in their community. The board
can demote a police officer or even dismiss him from the police
force. DILG Memorandum Circular No. 2006-059, directs all local
officials to establish, reorganize, and activate the PLEBs, and to
appropriate funds for its maintenance and operation.
D. Hotlines for First Responders
Any call for assistance may be easily brought to the attention
of the PNP through its Patrol 117, and PNP text hotlines which can
be accessed through text via 2920.
E. Barangay (Village) Human Rights Action Centers
(BHRACs)
The CHRP instituted the Barangay (Village) Human
Rights Action Centers (BHRACs) program, pursuant to Sec. 11 of
Art. II of the 1987 Constitution, designed to empower ordinary
citizens to take the lead in the promotion, and protection of human
rights at the grassroots level. In support of the program, the DILG
on October 27, 1994 issued Memorandum Circular (MC) 94-194,
Enjoining all the Barangays to Pass/Adopt a Resolution for the
Establishment of Human Rights Action Centers in Local Government
Units (LGUs).
To add impetus, the CHRP in coordination with the
DILG, passed CHRP Resolution (III) No. A2006-024 on March 15,
2006, to facilitate the speedy setting up of BHRACs, reactivation
of idle BHRACs, appropriation of funds in the annual budgets,
sponsorship of human rights activities, reproduction of
information, and education materials, review of human rights
action plans; and monitoring, processing, and documentation of
human rights complaints, and concerns.
To further strengthen, and revitalize the BHRAC program,
the DILG issued MC No. 2006-45, dated May 11, 2006, restating
the responsibilities of the LGUs over the BHRACs, specifically in
capacitating the Barangay Human Rights Action Officers
(BHRAOs) to be more effective in performing their functions.
To guide the process of selecting BHRAOs, the CHRP and
the DILG issued Joint MC No. 1, s, 2006, dated October 6, 2006,
on the Guidelines in the Conduct of Election of the BHRAOs in every

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barangay nationwide. Capability-building seminar workshops for
BHRAOs have been conducted in areas where human rights
violations were high, to enable the BHRAOs to be more effective
in performing their functions, and to deepen their understanding
of human rights.
Continuous collaboration is maintained through various
Memoranda of Agreement (MOA) between and among
cooperating agencies, namely the CHRP, DILG, League of
Provinces/Cities, League of Municipalities, Liga ng mga Barangay
(League of Village Associations), as well as NGOs such as Soroptimist
International Philippines Region , Promoting Initiative for Justice
and Peace, Ateneo Human Rights Center, among others.
F. Human Rights Program for the Localities
The DILG has drafted a Local Government Human Rights
Program, and has initiated the formulation, with assistance from the
non-government sectors, of a Human Rights Code for the
localities. This would encompass critical human rights principles
along the eight core international human rights instruments.
G. Partnership Initiatives
Various initiatives have indeed resulted from enthusiastic
dialogues, and consultations between and among sectors that are
one in advocating for the eradication of torture, and ill-treatment.
One of them is the incipient Inter-Agency Committee on Prison
Reforms (IACPR), consisting of agencies, and organizations from
both government, and civil society. The consultative meetings
have led to the crafting of a Memorandum of Agreement (MoA)
which already delineates the terms of reference, general activities,
and commitments from members of the Committee.
There is also a working group to monitor the implementation
of the OPCAT. This Philippine OPCAT Working Group (POWG) has
the task of formulating the mechanics, guidelines of organization,
and operations of the prospective National Preventive
Mechanism mandated under the Protocol. Quite fortuitously,
owing to the composition of its membership, the POWG should be
able to draw from the knowledge, expertise, and resources of a
representative cross section of society.
A couple of experts and specialists from civil society have
taken on the task of conducting major research projects in aid of
torture prevention. One such research delves on the torture
phenomenon, its origins, and how to eradicate the so-called
“culture of impunity”. Another research project undertaken is aptly
titled “Establishing a National Preventive Mechanism in the
Philippines”.
The Balay Rehabilitation Center, in partnership with the

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Medical Action Group (MAG) and other NGOs, undertake
rehabilitation of supposed victims of torture. A group of medical
practitioners have banded together into the Philippine Network
Against Torture (PNAT) and have been conducting training on
the Istanbul Protocol (On Recognizing, Documenting, and
Reporting Incidents of Torture). Key members of these groups have
been absorbed as members of the POWG and have been actively
participating and contributing much to the CAT Thematic Cluster.
“The Constitution mandates the Commission on Human Rights
of the Philippines to establish a continuing program of research,
education, and information to enhance respect for the primacy of
human rights (Section 18 (5), Article XIII, Constitution).”
As far back as February 7, 1995, MO No. 258 was issued
requiring human rights education, and training of law enforcement,
police, military, and prison personnel. With the close
collaboration of the CHRP, human rights components are included in
the training programs for all military, and law enforcement units of
the government.
Pursuant to its mandate and in compliance with the
provisions of CAT, the CHRP conducted five regional workshops on
the role of medical officers, and jail personnel on the recognition,
documentation, and reporting of cases of torture from November
2005 to March 2006.
In the PNP, the prohibition of torture is included in the
following subjects in its Revised Police Basic Recruit Course: (1)
“Foundations of Human Rights” under Module 2, General
Subjects; (2) “Bill of Rights,” “Social Justice and Human Rights,”
“Criminal Procedure,” and “Rules of Evidence” under Module 4 –
Law; (3) and “Interview and Interrogation” under Module 5 –
Police Operations.
The chief law enforcement and investigative bodies of
government, namely, the PNP, AFP, and NBI have organized and
activated their respective human rights offices. These HROs offer
avenues for receiving, and litigating complaints of human rights
violations against erring personnel, as well as for continuous
education and information dissemination programs on human
rights.
Through the PNP Human Rights Development Program,
and other projects under the more holistic PNP Integrated
Transformation Program, various reforms are now being
implemented in police doctrines, policies, systems, procedures,
education and training, and other vital areas of policing to
ensure that respect for human rights becomes a core value and
daily practice among PNP personnel.

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To prevent torture and ill-treatment, the following measures
have been undertaken:
A. On Policy & Program Development
(1) Activation of the PNP Human Rights Affairs Office
(HRAO) and implementation of the PNP Human
Rights Development Program (or LOI Pamana);
(2) Ban on parading of suspects before media (to
uphold rights to dignity, due process, and
presumption of innocence);
(3) Police Operational Procedures (POP) prohibits
torture and ill-treatment of persons arrested,
detained, or under investigation;
(4) To date, 1,496 lock - up cells, or 91 percent of
these cells in all municipal police stations have
been inspected, subjected to inventory of persons in
detention, and audited of their physical conditions;
(5) Ongoing review of the PNP Police Operational
Procedures (POP) Handbook to incorporate
international human rights principles and
standards for law enforcement; and
(6) Strengthening of disciplinary measures to sanction
erring personnel.
B. On Human Rights Prevention and Case Referral
(1) The PNP HRAO has a section dedicated to the
monitoring of alleged human rights violations.
C. On Capacity- Building on Human Rights
(1) Inclusion of human rights modules in all
mandatory, and special PNP schooling / courses,
from recruit to senior officer levels. (Ref: HRDD
Memo dated 17 Nov. 2006);
(2) Activation of Human Rights Desks as frontline
OPR for alleged human rights violations for
immediate investigation and monitoring. The HR
desks also serve as frontline advocacy units for
the PNP Human Rights Development Programme.
(Ref: NHQ-PNP GO Nr DPL 07-20 dated 30 Dec.
2007);
(3) Activation of the PNP Women and Children’s
Protection Center, and formation of Women and
Children’s Desks nationwide to promote, and

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protect the rights, and welfare of women and
children, including those who are in conflict with
the law, or under police detention. (Ref: PNP Memo
Cir No. 2001-2002 dated 16 Jan 2001);
(4) Conduct of Special Human Rights Training, and
Human Rights Deepening Seminars for police
personnel (Ref: MOU between PNP and Hanns Seidel
Foundation/Germany CY 2008-09).
D. On Inter-Agency & Multisectoral Cooperation
(1) Active participation in fora, human rights
advocacy activities, focus group discussions, and
congressional deliberations on proposed anti-
torture laws and other human rights-related
legislation. These include police-military-church
dialogues on human rights issues;
(2) Participation in various anti-torture advocacy
activities organized by human rights groups,
such as Philippine Alliance of Human Rights
Advocates (PAHRA), including the series on “Basta
Run Against Torture (BRAT)”;
(3) PNP is a member of the CHRP Multi-Agency Task
Force that is currently investigating the alleged
existence of the “Davao Death Squad;”
(4) Signing of a MOU between the PNP and the CHRP
on June 23, 2009, on the upholding of CHRP
visitorial powers over lock-up cells, prisons and all
detention facilities;
(5) Conduct of community-based dialogues with civil
society organizations to better understand human
rights issues, and concerns at the grassroots level
(Dialogues held in Davao, Naga, Iloilo, and Baguio
City), and;
(6) For its part, the BJMP maintains an operations
manual that provides guidelines on the
commitment, classification of inmates, reception
procedures, as well as classification, and
disciplinary boards. The manual has been
disseminated to the various field units.
On the matter of the Children in Conflict with the Law
(CICL), RA 9344 or the Juvenile Justice Welfare Act (JJWA) covers
the different stages involving children at risk and CICL, from
prevention to rehabilitation and reintegration. To ensure the
effective implementation of JJWA, the Juvenile Justice Welfare
Council or the JJWC was created, which is composed of different

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national government agencies with representation from NGOs,
and chaired by the DSWD.
The DSWD maintains and operates fifteen (15) Regional
Rehabilitation Centers for Youth (RRCY) in all regions, except NCR,
and other centers, and institutions that serve CICL cases. The Center
for Restorative Activities, and Development Learning Experiences
(CRADLE), a detention house exclusively for minor detainees in
Metro Manila jointly staffed by the BJMP and the DSWD, was
established inside Camp Bagong Diwa, Bicutan, Taguig City in
February 2006.
During the First Universal Periodic Review (UPR) in
2008, several country representatives to the Human Rights
Council (HRC) either commented on, or recommended outright,
the need for the Philippines to accede to the CAT Optional
Protocol.
With the ratification of the OPCAT, and with the current jail
reform programs, it is hoped that the three main problems in the
country’s penal system can be more earnestly addressed, namely:
(1) overcrowding primarily traced to slow processing of cases; (2)
outbreaks of diseases; and, (3) need for better jail environment that
allows for the rehabilitation and eventual reintegration of detainees.
This aspect of the jail reform program is in response to
assessments made by the ICRC as a result of their regular jail
visitations. The BJMP, with its limited resources, has always
struggled to meet the standard minimum rules for treatment of
prisoners set forth by the United Nations.
Rule 10, Part I, of the UN Standard Minimum Rules for the
Treatment of Prisoners states that:
“All accommodation provided for the use of
prisoners, and in particular all sleeping
accommodation shall meet all requirements of
health, due regard being paid to climatic
conditions, and particularly to cubic content
of air, minimum floor space, lighting, heating,
and ventilation.”
Accordingly, the BJMP has set an accommodation space
of three (3) square meters for each inmate. With total cell area of its
jails at 56,982 square meters, BJMP should be able to accommodate
only 18,944 inmates. As of midterm 2011, BJMP facilities have
sustained a jail population of 67,635, for a 355 percent increase
congestion level.
Congestion has been the result, among other causes, of more
inmates being committed than released, made worse by the minimal
improvements in jail space, and the slow disposition of cases in the

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courts. From January to August 2009, a monthly average of 3,411
inmates have been committed as compared to 3,309 released, for a
net monthly addition of 102 inmates.
Aside from cramped facilities, the insufficient number of jail
personnel, further complicates the quality of service extended to
inmates. Statistics show that there is only one jail officer for
every 48 inmates. The ideal custodial ratio should be one jail
officer to seven inmates.
As for meal allowances, the government provides PhP
50.00 per day for each inmate, an amount barely enough to buy a
decent meal. The budget for medicines is PhP3.00 per inmate per
day.
The BJMP likewise needs to be ever sensitive to the
rights, and needs of women, and children inmates. At present,
BJMP co-administers with the DSWD, 50 separate dorms for women,
and two facilities for children.
Similar problems obtain in our provincial jails which,
pursuant to RA 6975, are under the direction, supervision, and
control of the governors. There are 75 provincial jails, and 27
sub-provincial jails nationwide housing 26,618 inmates. These
inmates are under the custody of 2,999 provincial guards. (Custodial
ratio for provincial and sub-provincial jails: one jail officer to nine
inmates.)
On the part of the PNP, more investments have to be made to
upgrade PNP lock-up cells, and make them fully compliant, and
at par with international standards. Presently, many police
stations, mostly small and cramped for space, still do not have
separate cells for male and female detainees.
Likewise, police stations lack the necessary holding rooms
for CICL, while they wait to be transferred to the DSWD, or to
responsible persons, and institutions involved in the diversion
program, as provided for by the JJWA.
The State’s ratification of the OPCAT puts emphasis on
preventing violations, and establishing a system of monitoring
compliance to the CAT by employing international, and national
mechanisms that will conduct regular, and periodic visits to places
of detention, as well as proposing recommendations, and
working constructively with State-parties for their
implementation. Further, the idea of a working group that will tackle
issues in anticipation of the country’s full adhesion to the OPCAT
was solidified during the National Human Rights Forum
organized by the PHRC in April 2010 in partnership with the
United Against Torture Coalition (UATC), PAHRA, and the Balay
Rehabilitation Center. A meeting of the minds led to the
creation of a Philippine OPCAT Working Group (POWG)
composed of government agencies and partners in civil society.

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As envisioned, the working group shall lay the groundwork
for the setting up of the National Preventive Mechanism (NPM).
The working group shall seek to (1) ascertain the levels of
improvement, modernization, and acceptability of the country’s
detention facilities; (2) explore the appropriate forms, and
approaches by which the NPM would be able to effectively operate in
accordance with the dictates, and provisions of the OPCAT; (3)
formulate the organization, operational mechanisms, and guidelines,
and; (4) should be able to draw on the knowledge, expertise, and
resources from all sectors of society.
The POWG shall likewise be seen as a vehicle to propel
discussions, and generate inputs on proposed legislations that will
positively impact the implementation of the OPCAT, including the
appropriation of funds necessary to upgrade all detention facilities to
international UN standards.
The reconciled bill on Anti-Enforced or Involuntary Disappearance
has passed on October 16, 2012 the bicameral conference committee of the
Philippine Congress and shall soon become a law with the signing of the
President.
Under the bill, any `order of battle’ whether official or not by the
military, police or any law enforcement agency, would be prohibited. The
measure also prohibits secret detention facilities, and mandates restitution,
compensation and rehabilitation of victims and their kin. Within six months
after the measure is enacted, concerned government agencies are mandated
to submit an updated inventory of all officially recognized and controlled
detention facilities and the list of detainees under their jurisdiction.
The courts would be required to ensure the expeditious disposition
of habeas corpus and Amparo proceedings, and concerned government
agencies are to ensure immediate compliance to any release order by virtue
of such proceedings. The proposed law makes a superior officer equally
liable for the violation of a subordinate, and subordinates could defy orders
of superiors for the commission of enforced disappearance.
Enactment of the Anti-Enforced or Involuntary Disappearance Law
will certainly hasten the government’s ratification of the ICPAPED. The
domestic law, together with the provisions embodied in the ICPAPED should
result in a fuller protective mantle against torture, ill- treatment, enforced
disappearance and related human rights violations and crimes.

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Table 4.1. Situation Matrix
Human Rights Issues Duty-bearers
Claimholders
Congested jails and detention
centers;
extremely poor living conditions
(i.e., lack of meals, medical, dental
allowance, other amenities)
DILG-BJMP/ Local
Officials in charge of
jails/ BuCorr-DOJ/ DBM
Prisoners/
Detainees
Alleged use of torture and
ill-treatment of suspects in police
or military custody
PNP/ AFP Suspected
criminals and
their families
Alleged harassment and violence
against human rights defenders
PNP/AFP/Local Officials HR defenders/
HR advocates
and their
respective
families
Unexplained killings, and alleged
enforced disappearances
PNP/AFP/Local Officials HR defenders/
HR advocates
and their
respective
families
Guarantee as to safety of witnesses
to torture incidents, and other
HRVs
PNP/ AFP/ Local Officials
NBI-DOJ/ PAO
Victims/ HR
defenders/
HR advocates
and their
respective
families
Specific training on how to
identify signs of torture and
ill-treatment (Istanbul Protocol)
DILG-PPSC/ BJMP/ PNP/
DND-AFP/ NBI-DOJ /
Local Officials/ DOH/
PAO
Personnel of:
BJMP/ PNP/
AFP/ NBI/
Local
Officials/DOH/
DOJ/
PAO; and HR
defenders/
HR advocates/
gen. public
Lack of training on HR of
concerned officials, esp. on the
provisions
of CAT
DND-AFP/ NBI-DOJ /
PAO
Personnel of:
BJMP/ PNP/
AFP/ NBI/
Local
Officials/DOH/
DOJ/
PAO; and HR
defenders/
HR advocates/
gen. public

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Effectiveness and impact of HR
training/educational
programmes (esp. on CAT)
DND-AFP/ NBI-DOJ /
PAO
Personnel of:
BJMP/ PNP/
AFP/ NBI/
Local
Officials/DOH/
DOJ/
PAO; and HR
defenders/
HR advocates/
gen. public
Involuntary overstaying and
over served sentences
BJMP/ PNP/ DND-AFP/
DOJ / Local Officials/
PAO
Detainees/
prisoners
Lack of juvenile rehabilitation
facilities
BJMP/ DSWD/ Local
officials in charge of
jails
CICL

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SECTION 3
Thematic Performance Targets
Annual targets consist mainly of completed background researches,
and studies, as well as the organization, and lobbying activities that would
hasten the attainment of the medium-term targets.
Also targeted within the first year of the PHRP II implementation are the
accomplished impact, and evaluation studies of education, and training on
human rights within the security and correctional system and within the
larger Philippine education system itself. Also to be conducted in the first
year are evaluation/assessment studies of certain preventive/protective
mechanisms to ascertain their effectiveness in producing well-trained and rights-
respecting personnel among the police, military, and correctional/ custodial
services.
Medium-term targets include instituting measures, and the setting up of
the mechanisms mandated by RA 9745, including: (1) listing of all detention
centers, and facilities with the corresponding data on the prisoners or detainees to
be made by the AFP, PNP, and other law enforcement agencies, updated every
month, made available to the public, and submitted to the CHRP, including its
regional offices; (2) unrestricted access by the CHRP on all detention facilities, in
the exercise of its visitorial powers; (3) a rehabilitation program formulated by
concerned agencies, and civil society organizations, for victims of torture and
cruel, inhuman, and degrading treatment or punishment, and their families, as
well as for perpetrators; (4) medical examiners’ conduct of examinations on
victims of torture undertaken diligently, and in compliance with the Istanbul
Protocol, and as spelled out in the IRR; (5) education and information campaign
on RA 9745 pursued among the security sector, and law enforcement agencies,
medical personnel, public officials and schools; and (6) convening of the Oversight
Committee created and mandated by law to oversee implementation.
Also targeted for the medium-term are: (7) establishment of the National
Preventive Mechanism pursuant to the OPCAT, (8) the realization of the
Unified Correctional System, and (9) full enforcement, and operationalization of
the command responsibility principle in the police, military, and correctional/
custodial force.
The institutionalization of proven measures, such as release on
recognizance, and such other paralegal measures that help decongest the
jails, is likewise targeted during the medium-term. Also targeted by the end of the
PHRP II implementation period is the ratification of other significant HR
instruments that are crucial to the effective implementation of the CAT.
Thematic Objective 1: To implement RA 9745 (Anti-Torture Law of 2009)
The medium-term target for this objective is to fully establish mechanisms, and
measures towards enforcement of RA 9745.

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Annual Targets:
2012 -2016 - (1) Comprehensive, and updated database on detention centers;
(2) Unrestricted exercise of the CHRP of its visitorial powers;
(3) Formulation of a rehabilitation program;
(4) Training, and practice on the Istanbul Protocol
as spelled out in the Implementing Rules and
Regulations (IRR);
(5) Education, and information campaign for security
sector and law enforcement agencies, medical
personnel, public officials and schools, and;
(6) Convening of the Oversight Committee.
Thematic Objective 2: To enhance preventive and protective mechanisms
The medium-term targets for this objective are sustained/continuous
installation, and enhancement of targeted preventive and protective mechanisms.
Annual Targets:
2012-2016 – (1) Setting-up the National Preventive Mechanism, Unified
Penitentiary System, enforcement, and operationalization of
command responsibility in the police, military custodial
services;
(2) Institutionalization of the release on recognizance, and such
other paralegal measures.
Thematic Objective 3: To heighten awareness of, and respect for HR among
state agents, and the general public
Medium Term Target – 90% of the personnel of the police, military, and
custodial services, are well trained on human rights
Annual Targets:
2012-2016 - 20% of the law enforcement agencies’ manpower trained
annually;
2012-2016 - Impact/evaluation studies of education and training on
human rights within the security, and in the Philippine
educational system;
2012-2016 - 50% decrease in the incidence of torture involving law
enforcement agencies.
Thematic Objective 4: To enact appropriate legislation
In the medium-term, evaluation assessment studies of
legal/judicial/administrative measures, and mechanisms, and actions toward reforms
and harmonization, should have been completed.

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Annual Targets:
2012-2016– Evaluation/assessment studies of
legal/judicial/administrative measures, and mechanisms
relative to the prevention of human rights violations
particularly with reference to the CAT, and RA 9745.
Thematic Objective 5: To ratify HR instruments (ICPAPED)
A medium-term target is the positive action of stakeholders towards the
ratification of the ICPAPED.
Annual Target:
2012-2013 – Legislative advocacy up to 2nd reading.

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Table 4.2. Performance Targets
Thematic
Objectives
Strategic Indicators Medium Targets Annual Targets
(I) To implement
RA 9745 (Anti-
Torture Law of
2009)
Full and sustained implementation
of RA 9745 (Anti-Torture Law)
Full establishment of
mechanisms, and
measures towards
enforcement of RA 9745
2012-2016 – (1) Comprehensive, and
updated database on
detention centers;
(2) Unrestricted exercise
by the CHRP of its
visitorial powers;
(3) Formulation of
Rehabilitation programs;
(4) Training and
Practice on the Istanbul
Protocol as spelled out in
the IRR;
(5) Education, and
information campaign
for security sector and
law enforcement
agencies, medical
personnel, public
officials, and
schools;
(6) Convening of the
Oversight Committee
(II) To enhance
preventive and
protective
mechanisms
Preventive, and protective
mechanisms fully established, and
institutionalized, which refers to a
empowered CHRP, setting up of the
National Preventive Mechanism,
and other measures
Sustained/continuous
installation, and
enhancements of
targeted preventive, and
2012-2016 – (1) Setting-up of the
National Preventive
Mechanism, Unified
Penitentiary System,
enforcement, and
operationalization of
command
responsibility in the
police, military
custodial services;
(2) Institutionalization
Release on
recognizance, and such
other paralegal

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Thematic
Objectives
Strategic Indicators Medium Targets Annual Targets
measures
(III) To heighten
awareness of, and
respect for HR
among state
agents, and the
general public
Decreased number or absence of
complaints of human rights
violations more particularly against
CAT and RA 9745
90% of the police,
military and custodial
services are well
trained on human
rights.
2012-2016- Impact/evaluation studies
of education, and training
on human rights within
security/custodial system,
and in the Philippine
educational system.
2012-2016- 20% of the manpower of
law enforcement agencies
trained annually
2012-2016- 50% decrease in the
incidence of torture
involving law enforcement
agencies
(IV) To enact
appropriate
legislation (and
supporting EOs,
AOs)
Institution, and/or
modification of appropriate
Legal/Judicial/Administrative
measures, and mechanisms at
par with international
standards
Ratification of the
ICPAPED
2012-2016 - Evaluation/assessment
studies of legal/judicial/
administrative measures,
and mechanisms relative to
the prevention of human
rights particularly with
reference to the CAT, and
RA 9745
(V) To ratify HR
instruments such
as the ICPAPED)
Accession, and/or ratification
of the ICPAPED
Extent of lobbying
accomplished, and the
measures by which
legislators have taken
towards the ratification of
ICPAPED
Ratification of HR
instruments
(ICPAPED)
2012-2013 – Legislative advocacy
up to the 2nd reading

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SECTION 4
Program of Action
This section fleshes out in greater detail the thematic performance targets. The programs/activities/projects (PAPs)
consist mainly of lobbying activities, conduct of background research studies, drawing up, and piloting/testing of workable
measures for protection, and prevention, institutionalization of proven/innovative measures, and assessment/ evaluation
of those PAPs.
All these actions revolve around the full implementation of the Anti-Torture Law, and supplemental treaties that
may be considered for ratification.
The PAPs are envisaged to serve up the targets in the immediate year-to-year horizon, as well as toward the medium-
term at the end of the PHRP II implementation period. (See table 4.3)

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Table 4.3. Programs/Activities/Projects
Thematic Objective 1: To implement RA 9745 (Anti-Torture Law of 2009)
Performance Targets Programs/Activities
/Projects
Coverage Responsible Stakeholders Target
Date/s
Expected
Outputs
Medium Targets Annual Targets Duty-
bearers
Claimholders
Full
establishment of
mechanism and
measures
towards
enforcement of
RA 9745
2012-2016 – (1) Comprehensive,
and updated database
on detention centers;
(2) Unrestricted
exercise by the CHRP
of its visitorial powers;
(3) Formulation of
rehabilitation
programs;
(4) Training, and
Practice of Istanbul
Protocol as
spelled out in the IRR;
(5) Education, and
information
campaign
for security
sector and law
enforcement
agencies, medical
personnel, public
officials, and schools;
(6) Convening of the
Oversight Committee
Conduct of Public
awareness
(claimholders)
through
fora/symposia &
hearings
Awareness campaigns
for duty-holders
Capacity building for
law enforcers
Capacity building for
medical practitioners
on Istanbul protocol
National and
Local
CHRP/DOJ/
PNP/AFP
Prisoners/
Detainees/
Concerned NGOs/
CSOs
2012-2016
Sustained/
Continuing)
Public
awareness
campaigns
/for a for
duty
bearers,
law
enforcers
& medical
practition
ers
conducted
Capacity
building of
law
enforcers
conducted
Capacity
building of
medical
system
practition
ers on
Istanbul
protocol

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Lobby for prompt
action of concerned
agencies
Lobbying
activities
conducted
Thematic Objective 2: To enhance preventive and protective mechanisms
Sustained/continu
ous installation,
and enhancements
of targeted
preventive, and
protective
mechanisms
2012-2016 – Set-up the National
Preventive Mechanism,
Unified Penitentiary
System, enforcement,
and operationalization of
command responsibility
in the police, military
custodial services;
Release on
recognizance, and such
other
paralegal measures
Lobby for appropriate
action/background
studies on
measures for
institutional protection
of victims
Education and
information campaign
on
preventive,
and protective
mechanisms
National and
Local
CHRP/DOJ/PNP/
AFP, NBI,
BJMP,DOH
PPSC,PDEA
DSWD, DepEd
Prisoners/
Detainees
Concerned NGOs/
CSOs
2012-2016
Sustained/
Continuing
Lobby
activities
done/
studies
completed;
policy
statements/
positions
publicized
Thematic Objective 3: To heighten awareness of, and respect for HR among state agents and the general public
Performance Targets Programs/Activities/
Projects
Date/s
Expected
Outputs
Medium Targets Annual Targets Duty Bearers Claimholders
90% of the
personnel of the
police,
military, and
custodial
services
trained on
human rights
2012-2016 – 20% of the
manpower force of the law
enforcement agencies
trained annually
2013-2016 – 50% decrease
in the incidence of torture
involving law
enforcement agencies
2013-2014 – Impact evaluation studies of
Impact/evaluation
studies
on HR (i.e. custodial
system and educational
system)
National and
Local
CHRP/DOJ/
PNP/
AFP, NBI,
BJMP,DOH
PPSC,PDEA
DSWD, DepEd
Prisoners/
Detainees
Concerned NGOs
/CSOs
2012-2016
Sustained/
Continuing
Lobby
activities
done/studies
Completed
policy
statements/
positions
publicized

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education, and training on
HR among law enforcement
agencies
Thematic Objective 5: To ratify HR instruments
Performance Targets Programs/Activities/ProjectsCoverage Responsible Stakeholders Target
Dates
Expected
Outputs
Ratification of
HR instruments
(i.e. ICPAPED )
2012-2013 - Legislative
advocacy up to the 2nd
reading
reading
action/ background
studies
policy statements/
positions
National and
Local
CHRP/DOJ/PNP/
AFP, NBI,
BJMP,DOH
PPSC,PDEA
DSWD, DepEd
Prisoners/
Detainees
Concerned NGO/
CSOs
2012-2016
Sustained/
Continuing
Lobby
activities
done/studies
completed
policy
statements
positions
publicized
Thematic Objective 4: To enact appropriate legislation
Performance Targets Programs/Activities/
Projects
Dates
Expected
Outputs
Advocacy for the
legislation of NPM,
and for the
ratification of the
ICPAPED
2012-2013 - Legislative
advocacy up to the 2nd
reading of the NPM
action/background
studies/policy
statements/positions
National and
Local
CHRP/DOJ/
PNP/AFP
Prisoners/
Detainees/
Concerned NGOs/
CSOs
2012-2016
Sustained/
Continuing
Lobby
activities
done/studies
completed
policy
statements
positions
publicized

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Section 5
Linkages with Other Development Initiatives and
Plans
The PHRP II is focused on achieving its targeted thematic objectives,
and it is also programmatically linked with all other related frameworks,
plans, and programs for the advancement of human rights standards, and
norms provided under CAT, as follows:
The National Peace and Development Framework
The Philippines’ overall peace policy framework aims to end
internal armed conflicts that have lasted for decades. Through the Office of
the Presidential Adviser for the Peace Process (OPAPP), the latter oversees the
implementation, coordination of the government’s comprehensive peace
agenda which includes initiatives for the rehabilitation, and economic
development of conflict-affected areas, community empowerment, and
cooperative programs with NGOs, CSOs, the private sector, and other
concerned sectors of society.
Respect for and protection of human rights is crucial in laying the
ground for a just, and lasting peace. This is recognized in the Comprehensive
Agreement on Respect for Human Rights, and International Humanitarian
Law (CARHIHL), which the government signed with the National
Democratic Front (NDF). OPAPP, through the GRP Negotiating Panel for
Talks with the CPP/NDF/NPA (GPNP-CNN), has been strengthening the
human rights monitoring work of the government’s monitoring committee.
Thus, the education and training activities, through the National
Inter-Agency Chamber of Human Rights, shall be essential to the Peace and
Development Framework, particularly to:
(1) Promote the interdependence, indivisibility, and universality of
human rights, including civil, political, economic, social, and
cultural rights, and the right to development;
(2) Foster respect for, and appreciation of differences, and
opposition to discrimination, on the basis of race, sex,
language, religion, political, or national, ethnic or social
origin, physical or mental condition, and on such other bases;
(3) Encourage analysis of chronic, and emerging human rights
problems (including poverty, violent conflicts, and
discrimination), which will lead to solutions consistent with
human rights standards;
(4) Empower communities, and individuals to identify their
human rights needs, and to ensure that they are met;
(5) Build on the human rights principles embedded within the

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different cultural contexts, and take into account historical,
and social developments in the country;
(6) Foster knowledge, and skills to use local, national, regional,
and international human rights instruments, and mechanisms
for the protection of human rights;
(7) Make use of participatory pedagogies that include knowledge,
critical analysis, and skills for action furthering human rights;
(8) Foster teaching, and learning environments, free from want
and fear, that will encourage participation, enjoyment of
human rights, and personal development; and;
(9) Be relevant to the daily life of the learners, engaging them
in a dialogue about ways, and means of transforming human
rights from the expression of abstract norms to the reality
of their social, economic, cultural, and political conditions.
Local Government Units (LGUs) and the Millennium Development Goals
(MDGs)
Under Sections 16 and 17 of the Local Government Code of 1991 (RA
7160), “the (1) promotion of public health and safety, (2) enhancement of
people’s right to a balanced ecology, (3) enhancement of economic prosperity
and social justice, (4) promotion of full employment among the residents, (5)
maintenance of peace, and order, and (6) preservation of the comfort and
convenience of the inhabitants, are among the mandates of local government
units.”
Local government units play a major role, and share great
responsibilities, and accountabilities towards achieving the Millennium
Development Goals (MDGs), essentially through the promotion of health and
safety, assuring comfort, and convenience, and social justice, and
maintenance of peace and order.
Security Sector Reform (SSR)
Projects on Security Sector Reform (SSR) are being initiated, and
pursued not only by institutions within the security sector but also involving
CSOs/NGOs, including academic institutions, human rights groups, and media.
Multisectoral involvement has been designed to provide a more
comprehensive alternative source of information, and technical knowledge,
much wider source of possible policy inputs, and the performance of civilian
oversight. The goal is to infuse the security sector with greater
professionalism, accountability, efficiency, and responsiveness, not only in the
interest of pursuing democratic principles but as well as the maintenance of
peace, and the provision of security for the public. SSR envisages that the
implementation, monitoring, and advocacy of SSR be carried out by CSOs with
the cooperation of security sector institutions.

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Community-Based Dialogues (Coordinated by Alternative Law Groups,
Inc.)
On the side of the communities, the recent efforts of the PNP and the
AFP to institute programs for human rights protection and promotion are
newly opened venues that can be availed of in order to seek redress for human
rights violations, and to help avoid similar incidents in the future. With the
official programs of both the AFP, and the PNP on human rights protection,
and promotion, there now exists greater reason for citizens to exact
accountability from members of the AFP, and the PNP, and to monitor their
performance against their avowed human rights promotion objectives. These
allow the AFP, and the PNP on one hand, to collectively discuss the issue of
human rights promotion, and protection, and how cooperative efforts for
ongoing, and future actions toward human rights promotion, and protection
can be maximized.
Enhancing the relationship of the public, and the security sector is
essential to democratic governance. The Community-Based Dialogues project
seeks to contribute to this enhancement towards the end-goal of reduction if
not total elimination of human rights violations as the military/police and
citizens continue to regard and deliberate human rights and security sector
reform as common concerns.
Implementation of Administrative Directives on Human Rights
Promotion, Protection, and Fulfillment
Members of the ICCPR thematic cluster, particularly the identified lead
agencies, are sworn to take on specific responsibilities and undertake
multifarious tasks as mandated under A.O. 163, viz:
GENERAL:
(3) Actively cooperate and support the PHRC;
(4) Mainstream human rights in the operations and
planning of each agency:
i. including, use of human rights language and
terminology
ii. refer to appropriate human rights instruments as basis
for activities
iii. underline that the national development
agenda of the Aquino administration is human rights-
oriented
iv. capacity-building workshops within each
agency to discuss application of HR to specific mandate
(5) Respond to these queries:
i. What are the issues?
ii. Who are the main actors?
iii. What is being done?
iv. What more might be done but face obstacles?
How to creatively overcome those obstacles?
(6) Situation Monitoring;
(7) Data collection, disaggregation, analysis;

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(8) Share data in a timely manner with working groups
and committees, as well as with the DFA (UNIO and
Philippine Missions to the UN), including reports on
interactions with international organizations and
bodies;
(9) Designate a PHRC liaison within the agency;
TREATY COMPLIANCE LEAD AGENCIES AND WORKING GROUPS
(1) Convene the working groups;
(2) Distribute to members of Working Groups’ copies of
the treaty and most recent report;
(3) Monitor situation under each treaty, regular update on
complaints and what is being done to address them;
(4) Collate data for treaty reporting, write the report,
submit to PHRC to be forwarded to the DFA for
submission to appropriate (UN) treaty monitoring
body;
(5) Note gaps in compliance and reasons therefore;
(6) Recommend to committee for better compliance-
policies, laws, programs;
(7) Maintain running record of accomplishments and
submissions.
DEPARTMENT-SPECIFIC TASKING (provisional)
(1) Data on complaints against local government officials;
and personnel including PNP and BJMP members;
(2) Data on mechanisms for such complaints;
(3) Current human rights training for all ranks; curriculum
review;
(4) Human rights capacity-building for local government
officials and personnel.
Moreover, A.O. 249 has mandated all departments, agencies, bodies,
instrumentalities of the Executive Branch of government, including local
government units to strengthen and ensure compliance of their existing
policies, plans, and programs as they would enhance government’s overall
effort in the promotion and protection of human rights, taking into account the
specific applicable rights and freedoms embodied in the Universal Declaration
of Human Rights (UDHR).
A.O. 249 delineated various directives according to the nature of the
functions of the respective executive departments and offices, in order to
ensure the effective implementation of the overall mandate in keeping with
the principles enshrined in the UDHR.

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36
SECTION 6
Human Rights Capacity Building Plan
Orientation seminars, and trainings are necessary for
knowledgeable lobbying, successful assessment studies, and
preparation of policy/position papers as targeted for within the CAT
thematic cluster PAPs. Subjects would include: the new Anti-Torture
Law (RA 9745) in its entirety, the Convention Against Torture (all
provisions/ articles), the prospective HR treaties that are
supplementary to CAT (i.e. ICPAPED), RA 9851 (Philippine Act on IHL),
and the principles on HRBA.
Cluster members need to be well-versed on the principles, and
techniques of lobbying, and the rudiments of conducting, monitoring,
evaluation/assessment studies, and formulation of policy/position
papers. Likewise, they should be trained on how to effectively
interact, and communicate not only with government entities, and
personalities, public opinion leaders at large, but also at the
grassroots level.
The fact that DILG is the lead agency of the CAT thematic cluster,
and is represented in other thematic clusters, endows the CAT thematic
cluster with an advantageous position, wherefrom the human rights-
based approach (HRBA) is more deeply appreciated and implemented.
It is noteworthy to mention at this point that the DILG has in fact accepted
human rights mainstreaming as its flagship project.
A number of NGO partners in the CAT thematic cluster are
deeply involved in the mechanisms already conceived within RA 9745,
such as the rehabilitation of victims, and involved parties, and in the
workings of the Istanbul Protocol. Likewise, some NGO members appear
to be well-versed in the conventions, and human rights instruments
related to the torture phenomenon, and are defenders, and champions in
their own right.
While the NGOs generally have a wide experience in lobbying,
preparation of assessment studies, and formulation of policy/ position
papers on many issues, vestiges of the deep animosities, and
adversarial attitudes of the past need to be reined in so that cluster
actions can move forward.

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Table 4.4. Human Rights Capacity Building Plan
Thematic
Objective/s
Education and
Training
Activity/ies
Coverage Target Participants Respon-
sible
Parties
Expected
Outputs
Duty-bearers Claimholders
1.To
implement
RA 9745(
Anti Torture
Law of
2009)
Series of
orientation/se
minars on RA
9745
National/Local CHRP,DILG,PPS
C
BJMP/PNP/AF
PNBI
DOJ/DSWD/DO
H/PDEA
DepEd
Citizenry/
Community
Civil Society
Cluster
members
Enhanced
awareness/k
now-
ledge
Better
protection/
Prevention
2.To
enhance
preventive,
and
protective
mechanisms
Series of
orientation/se
minars on CAT,
the HRBA & on
RA 9745
C
BJMP/PNP/AF
PNBI
DOJ/DSWD/DO
H/PDEA
DepEd
Citizenry/
Community
Civil Society
Cluster
members
Enhanced
awareness/k
now-
ledge
Better
protection/
Prevention
3. To
heighten
awareness
of and
respect for
HR among
state agents
and the
general
public
Series of
orientation/se
minars on CAT,
the HRBA & on
RA 9745
C
BJMP/PNP/AF
PNBI
DOJ/DSWD/DO
H/PDEA
DepEd
Citizenry/
Community
Civil Society
Cluster
members
Enhanced
awareness/k
now-
ledge
Better
protection/
Prevention
4. To enact
appropriate
legislation(&
supporting
EOs, AOs)
Series of
orientation/se
minars on CAT,
the HRBA & on
RA 9745 &
OPCAT,
ICPAPED
C
BJMP/PNP/AF
PNBI
DOJ/DSWD/DO
H/PDEA
DepEd
Citizenry/
Community
Civil Society
Cluster
members
Enhanced
awareness/k
now-
ledge
Better
protection/
Prevention
5. To ratify
HR
instruments
(ICPAPED)
Series of
orientation/se
minars on CAT,
the HRBA & on
RA 9745 &
OPCAT, IED
C
BJMP/PNP/AF
PNBI
DOJ/DSWD/DO
H/PDEA
DepEd
Citizenry/
Community
Civil Society
Cluster
members
Enhanced
awareness/k
now-
ledge
Better
protection/
prevention

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SECTION 7
Coordination and Management Plan
All members of the CAT thematic cluster will each have a
significant role to play in the plan implementation. DILG as lead agency,
will take the helm relative to Thematic Objective 1, (implementation
of RA 9745, Anti-Torture Law) as well as Thematic Objective 3
(heightened awareness of human rights).
Enactment of new laws, administrative orders, or executive
orders, as well as ratifications, belong to the Office of the President,
which either moves to initiate ratifications or prioritizes prospective
pieces of legislation in response to public lobbying.
The CHRP will fulfill its proper role as independent national
human rights institution in the monitoring of the impact, and
affectivity of HR dissemination, training, and education programs
targeted to the police, military, custodial/ correctional personnel, and
as well the general citizenry.
Concerned NGOs, and other sectors from civil society will have
an active role in the conduct of baseline researches, and studies, preparation
of policy, and position papers, as well as in planning, and organizing for
lobbying activities.
Table 4.5. Coordination and Managements Arrangements
Thematic Objective
Committees/Task Force/Project
Implementing Team
Head Members
1. To implement RA 9745 (Anti-Torture
Law)
DILG CHRP,DILG-
PPSC/BJMP/PNP
AFP,NBI,DOJ,DSWD,
DOH,
PDEA,DepEd
2. To enhance preventive and protective
mechanisms
CHRP CHRP,DILG-
PPSC/BJMP/PNP
AFP,NBI,DOJ,DSWD,
DOH,
PDEA,DepEd
3. To heighten awareness of and respect
for HR among state agents and the general
public
DILG CHRP,DILG-
PPSC/BJMP/PNP
AFP,NBI,DOJ,DSWD,
DOH,
PDEA,DepEd
-plus CAT Cluster
member-orgs
4. To enact appropriate legislation (&
OP OP/
Congress/Senate

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39
Thematic Objective
Committees/Task Force/Project
Implementing Team
Head Members
5. To ratify HR instruments (i.e. ICPAPED) OP OP/DFA/Senate
CHRP,DILG-
PPSC/BJMP/PNP
AFP,NBI,DOJ,DSWD,
DOH,PDEA,DepEd

_____________________________________________________________________________________________________
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SECTION 8
Resource Generation and Mobilization Plan
By virtue of Administrative Order (AO) 249, national
government agencies are mandated to mainstream human rights
activities into their operations, starting with human rights education,
and training.
Pursuant to its development, and governance goals, the DILG has
been tasked to oversee AO 249 relative to LGUs. This intractable linkage
further strengthens DILGs’ supervisory role over the LGUs as enshrined in
the LGC, a fact that would aid attainment of some of the thematic
objectives as it would make budget allocation almost certain.
It is hoped that gaining resources from the GAA would not be
as difficult, since the PAPs of member agencies in the thematic cluster
have solid basis in AO 249, the DILG Charter, and LGC. Likewise, the
finalization of the Local Government Human Rights Program, and
Human Rights Code on the part of the DILG shall include plans and
activities which are appropriately budgeted.
Development partners would consist of other government
agencies, private entities, and international sponsors that maintain and
pursue PAPs which cross-cut with the PAPs of the CAT Chapter.
Financial and logistics sharing agreements can be made through these
partnerships.
It is widely known that certain NGOs could facilitate, and continue to
receive funds from legitimate foreign sources. NGO partners in the CAT
thematic cluster have proven to be cooperative in sharing in both
quantitative, and qualitative terms. Key members of these NGOs have
signified willingness to provide material support especially in helping
out with various fora (seminars, meetings, workshops, conferences)
logistics, and much needed knowledge inputs for required background
researches, and studies.

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Table 4.6: Resource Mobilization Plan
Program/Activity/Project
Resource Requirements by Source
Regular
Government
Budget
Development
Partners
(*The funds are
still to be
negotiated
with ODA or
other
development
partners)
Other Sources Total Budget
Conduct of public awareness
campaigns for claimholders,
through symposia/fora and
hearings
Awareness campaigns for duty-
bearers
Capacity building for law
enforcers
Capacity building for medical
practitioners on the Istanbul
Protocol
8,500,000 2,500,000 2,000,000 13,000,000
action/background studies on
measures for institutional
protections of victims
3,500,000 3,000,000 6,500,000 13,000,000
Education and information
campaign on preventive and
Impact/evaluation studies of
education and training
programs on human rights,
6,000,000 6,500,000 2,500,000 15,000,000

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Program/Activity/Project
Resource Requirements by Source
Regular
Government
Budget
Development
Partners
(*The funds are
still to be
negotiated
with ODA or
other
development
partners)
Other Sources Total Budget
within the security/custodial
system
Lobby for appropriate action/
background studies policy
statements/ positions
3,000,000 4,500,000 5,000,000 12,500,000
TOTAL 10,000,000 16,500,000 27,000,000 53,500,000

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SECTION 9
Monitoring and Evaluation Plan
The following thematic targets that need to be monitored and
evaluated are the following:
(1) The unhampered implementation of RA 9745;
(2) Measures and mechanisms mandated by RA 9745, are fully
installed and working;
(3) The National Preventive Mechanism has been set up
according to a ratified OPCAT;
(4) Forward-looking processes such as (a) unified correctional
system; (b) proper enforcement and operationalization of
command responsibility in the police, military, and
custodial force; (c) institutionalized release on recognizance
(custody to a government official); (d) quick process of
minor cases; (e) motions to post bail, and/or for a speedy
trial on behalf of detainees;
(5) Formation of well-trained, rights-respecting police, military,
and custodial services;
(6) Completed evaluation/assessment studies of
legislative/judicial/administrative frameworks set up
according to the provisions of the CAT;
(7) Ratification of HR instruments such as the ICPAPED, and;
(8) Formation of well-trained, rights-respecting police, military,
and custodial services.
The monitoring and evaluation of target nos.1 and 2 are quite
straightforward, and are based on the provisions of RA 9745. Target no. 3 is
based on the provisions of the OPCAT.
Processes targeted in no. 4 focus on easing up the congestion,
prevention of torture, and ill-treatment in detention facilities. This can be
gauged quantitatively in terms of detainees released and/or sentences
commuted, and the existence (and/or persistence) of complaints of ill-
treatment, and torture in the facilities.
Target no.5 will be evaluated on the basis of whether or not the
number of complaints and incidents of torture, and ill-treatment have either
waned or disappeared altogether.
Target no. 6 will require a revisiting of the entire

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46
legislative/judicial/administrative structures and processes of the
Philippines as a State- party in order to ascertain the extent to which
these have been fully harmonized with the articles and provisions of the
CAT.
Target no.7 is gauged by the measure by which legislators concerned
have initiated steps that pave the way towards ratification; while target no. 8
would need continuing evaluation of performance of law enforcement,
security and custodial personnel and monitoring of affirmative behavior as a
result of human rights training and education program.

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47
Table 4.7. Monitoring and Evaluation Calendar
M & E
Activities
PHRP II-
CAT
Targets/
Baseline
2012-
2013
2014 2015 2016
Periodic
Monitoring
1.RA 9745
implementati
on
2.Measures
and
mechanisms
mandated by
RA
9745
installed
3.National
Preventive
Mechanism
has
been set up
according to
a
ratified
OPCAT
4.Ratification
of
HR
instruments
such as the
ICPAPED
Semi-annual
Report
Semi-annual
Report
Annual Report
Annual Report
Final Report
Semi-annual
Report
Annual Report
Annual Report
Final Report
Annual Report
Final Report
Final Report

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48
Reviews 5.
Legislative/
Judicial/
Admin.
frameworks
the CAT
provisions
Semi-annual
Review
Annual
Plan/Project
Review
Annual
Plan/Project
Review
Annual
Plan/Project
Review
Surveys/
studies
6. Moulding
well-trained,
rights-
respecting
police,
military,and
custodial
personnel
Public
perception
survey
(Annual)
Public
perception
survey
(Annual)
Public
perception
Survey
(Annual)
Public
perception
survey-
annual
Performance
Scoreboard
Thematic
Objective-
setting/ID of
targets
Initial
M&E
activities
Target 1
accomplished;
other M&E,
continuing
Targets 2,4,5
met
other M&E,
continuing
Target 3
accomplished
other M&E,
continuing
Evaluation Midterm
Evaluation
Post-
Evaluation

Chapter 4: CAT Final

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